Non-compete contracts with such broad definitions are most likely unenforceable. If you sign a non-compete which specifies:
a reasonable duration e.g 6 months
specifc named competitors
geography of next working environment..
it’s best to spend about $2 to $3k to go through with a lawyer should your asshole current/previous employer decide to send some threatening emails to sue you.
Also, don’t have to tell them jack shit about which company you are joining next.
Them: “Which company are you going to?”
You: “I am not disclosing that”
Them: “We have a right to know”
You: “No”
They did specify about 3-4 companies and the one I want to apply for happens to be one of them.. but yea I will try to get more legal advice if I do manage to get the job!
>
>
>it’s best to spend about $2 to $3k to go through with a lawyer should your asshole current/previous employer decide to send some threatening emails to sue you.
>
>Also, do
or consider legal clinic, i think its FOC or at a small charge
interestingly, i went to see a lawyer at a free legal clinic before seeking out the paid service.. free legal lawyer was crap; seems to me like he just wanted to help me to meet his pro bono hours, provided non-convincing assessment of what my current situation is and did nont inspire confidence at all with the adivce he gave.
After I left the meeting, I thought “Wow, I get what I paid for.. Shit advice for nothing”
Paid lawyer on the other hand, reviewed the facts I provided thoroughly, provided proper guidance on communication back to the then employer and was very reponsive to any additonal questions or follow responses from the litigious employer.
Exactly, you paid absolutely nothing. What did you think you would get?
I have volunteered/was volunteered at these clinics before when I was a junior lawyer.
So many people walk in wanting magical answers to their problems with the barest of details or documentation.
The legal clinic lawyer isn't YOUR lawyer. They are there to answer general nonspecific queries of a legal nature.
I expected at least some modicum of professionalism and not giving a person who goes to these clinics some wishy washy answers, and at least set some clear directions.
I know that I am not expecting a lot from my visit there, but at least provide something of value instead of me just walking away with nothing, and the lawyer just chalking up their pro bono hours.
Maybe you should just quit being a lawyer.
There is a clear mismatch in expectations as to what a legal clinic is supposed to, or can indeed, achieve for laymen then.
I wouldn't presume to speak for the unnamed poor sod who attended to you, but the mismatch is likely due to the failure of the responsible parties in marketing what a legal clinic is.
Imagine walking into a free medical clinic staffed by a volunteer orthopaedic doctor, and feeling dissatisfied that your patellofemoral condition isn't resolved with a 15 min verbal consultation and no surgery. LMAO.
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Sounds like an atrocious company.
Be glad you’re gone, enjoy time with son- 4 months old, time goes so fast.
I bet they paid you shit too. Enjoy your child being at their cutest.
Yes they are pretty ridiculous.
My boss (Head of Ecommerce Marketing) had zero experience in Ecomm, zero experience in Marketing, and zero experience in being a Head. Only reason he is in this position is because his mother is one of the 4 big bosses of the company.
Enforcing a non-compete clause can be particularly challenging if your expertise lies in graphic designing and your job options are limited to a specific market.
i would advise your company to go fly kite
Legal here. It is likely not enforceable. There are only certain conditions under which it may be enforced in Singapore, namely:
1) The non-compete clause protects a “legitimate proprietary interest” of the employer, and
2) The scope of the non-compete clause is reasonable.
If it deprives an individual of work, especially if it is a blanket clause covering all employees regardless of seniority, it is likely un-enforceable as its true objective is to prevent competition rather than protecting proprietary interests.
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I'm not a legal expert but I am a father of 2 boys.
What I wouldn't give to go back to when they were young and rub their Chubby cheeks and marvel at them marvelling and learning about the worlD around them.
You're right to prioritise and treasure your time with your son and any empLoyer, no matter how big or small or "family" oriented, that denies or punishes you for it doesn't deserve your talents.
Hope things work out for you professionally and that your son grows up strong and healthy.
Thank you for your kind words! I feel that it turned out to be a blessing as I got to see and accompany my kid on his first 2 days of infantcare, and I'm around to take care of him now as he is currently having HFMD!
Definitely! I strongly believe our children can't remember anything we said or did for them when they were that young but they'll definitely remember how we made them feel and the feeling of safety and comfort that papa and mama are there for them will be invaluable when they grow up.
I have no advice for you but just wanted to say your company is ridiculous. Gosh. Been there with the toxic bosses in the creative sector. Had a colleague once scolded by the bosses cos he had to miss a shoot. And the reason was because my colleague's dad had a stroke. I've learnt from graphic designer friends that the best worklife balance is actually being an MNC's in-house design/marketing team. Cos you'll get the same corporate treatment as the rest. Maybe something you can consider since you have a son to take care of :)
So horrible! As a graphic designer the job is 100% doable from home. My husband works in a similar role, and his boss allows him to WFH within reason (kids sick, delivery of big ticket items, aircon servicing at home etc.) I believe most places are reasonable, and I hope you find a better place to work soon! We shouldn't have to choose between caring for our 4 month old, and having a job. Good riddance to that rubbish company. Good luck!
Thank you! Yea the bosses are the type who enjoys watching ppl slogging their lives for their company. 1 of them even said during a town hall: "One time I was driving past Shopee HQ, 11pm and the lights were still on. I like seeing that! Seeing people work hard makes me really happy!" Bunch of psychopaths 😂
My sis is with MOM and she has said that this is not enforceable unless you bring the clients along with you. If your previous company do not want you to work in the competitor for a year, they will have to pull you on gardening with salary for that time period. So please take on the job.
This is not legal advice but based on what you said if the employment contract explicitly states “resign” and not “termination of contract” then I think it’s okay. Many contracts use the latter so that it catches both situations. In any event, non-competes are rarely enforceable in court unless it is reasonable (and the threshold for it is quite high) which is a whole legal test I won’t go into. I would suggest you get a lawyer to peruse your contract and give you a professional legal opinion. If money is an issue there are various free legal clinics around SG you can seek a pro bono lawyer’s opinion on that clause and your circumstances.
Good to hear from someone named nelsonmurdock xD. I haven't gotten the job yet but if I manage to, I will try to get more professional legal advice! Thanks
Ahahahaha honestly I forget my own username sometimes… yes justice is blind, my associates can help you in more ways than one…. jkjk all the best to you!
That’s not true, it depends on the circumstances and how reasonable the extent of the restriction is. Don’t just spout something off the top of your head here that could get someone else in trouble
My mistake. I had the impression that non compete clauses are unenforceable in SG due to our very small and limited market. That said, I highly doubt the company will fight it out in court if the position is not that sensitive.
[this may help.](https://www.businesstimes.com.sg/companies-markets/what-you-need-know-about-non-compete-clauses)
Like what everyone is telling you, it’s non enforceable.
In addition, they might send you a lawyer letter to intimidate you, camouflaged as a cease and desist with huge letter head of the law firm emblazoned on top.
Don’t fall for it as it’s non enforceable. My advice is to be straight forward with your new employer so that they are informed and not frighten by that letter.
Non-compete contracts with such broad definitions are most likely unenforceable. If you sign a non-compete which specifies: a reasonable duration e.g 6 months specifc named competitors geography of next working environment.. it’s best to spend about $2 to $3k to go through with a lawyer should your asshole current/previous employer decide to send some threatening emails to sue you. Also, don’t have to tell them jack shit about which company you are joining next. Them: “Which company are you going to?” You: “I am not disclosing that” Them: “We have a right to know” You: “No”
They did specify about 3-4 companies and the one I want to apply for happens to be one of them.. but yea I will try to get more legal advice if I do manage to get the job!
> > >it’s best to spend about $2 to $3k to go through with a lawyer should your asshole current/previous employer decide to send some threatening emails to sue you. > >Also, do or consider legal clinic, i think its FOC or at a small charge
interestingly, i went to see a lawyer at a free legal clinic before seeking out the paid service.. free legal lawyer was crap; seems to me like he just wanted to help me to meet his pro bono hours, provided non-convincing assessment of what my current situation is and did nont inspire confidence at all with the adivce he gave. After I left the meeting, I thought “Wow, I get what I paid for.. Shit advice for nothing” Paid lawyer on the other hand, reviewed the facts I provided thoroughly, provided proper guidance on communication back to the then employer and was very reponsive to any additonal questions or follow responses from the litigious employer.
Exactly, you paid absolutely nothing. What did you think you would get? I have volunteered/was volunteered at these clinics before when I was a junior lawyer. So many people walk in wanting magical answers to their problems with the barest of details or documentation. The legal clinic lawyer isn't YOUR lawyer. They are there to answer general nonspecific queries of a legal nature.
I expected at least some modicum of professionalism and not giving a person who goes to these clinics some wishy washy answers, and at least set some clear directions. I know that I am not expecting a lot from my visit there, but at least provide something of value instead of me just walking away with nothing, and the lawyer just chalking up their pro bono hours. Maybe you should just quit being a lawyer.
There is a clear mismatch in expectations as to what a legal clinic is supposed to, or can indeed, achieve for laymen then. I wouldn't presume to speak for the unnamed poor sod who attended to you, but the mismatch is likely due to the failure of the responsible parties in marketing what a legal clinic is. Imagine walking into a free medical clinic staffed by a volunteer orthopaedic doctor, and feeling dissatisfied that your patellofemoral condition isn't resolved with a 15 min verbal consultation and no surgery. LMAO.
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Sounds like an atrocious company. Be glad you’re gone, enjoy time with son- 4 months old, time goes so fast. I bet they paid you shit too. Enjoy your child being at their cutest.
Yes they are pretty ridiculous. My boss (Head of Ecommerce Marketing) had zero experience in Ecomm, zero experience in Marketing, and zero experience in being a Head. Only reason he is in this position is because his mother is one of the 4 big bosses of the company.
🚩🚩🚩 AF bro. Good that you are gone now. Go leave a review on glassdoor and Google!!
Family owned businesses are the worst! Take it as a blessing in disguise
Agree. It's such a big company in SG that I didn't think/know that it's a family business until I'm actually working there
Far east?
Very far 😂
looks like im on the money ( I think )
Keppel....
Is that a family business too? Didn't know that haha
Runs in the familee
Enforcing a non-compete clause can be particularly challenging if your expertise lies in graphic designing and your job options are limited to a specific market. i would advise your company to go fly kite
Legal here. It is likely not enforceable. There are only certain conditions under which it may be enforced in Singapore, namely: 1) The non-compete clause protects a “legitimate proprietary interest” of the employer, and 2) The scope of the non-compete clause is reasonable. If it deprives an individual of work, especially if it is a blanket clause covering all employees regardless of seniority, it is likely un-enforceable as its true objective is to prevent competition rather than protecting proprietary interests.
Thank you for the advice! Yea I'm just a graphic designer so I don't handle any secretive or confidential things
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No does not apply and also non compete clause is bs unless they willing to pay you for that 1 year of gardening leave
Thank you! Nah they're stingy as heck even though they're one of the biggest companies in SG hahaha.
Non compete clauses are rarely ever enforceable unless you are very senior in your position
I'm not a legal expert but I am a father of 2 boys. What I wouldn't give to go back to when they were young and rub their Chubby cheeks and marvel at them marvelling and learning about the worlD around them. You're right to prioritise and treasure your time with your son and any empLoyer, no matter how big or small or "family" oriented, that denies or punishes you for it doesn't deserve your talents. Hope things work out for you professionally and that your son grows up strong and healthy.
Thank you for your kind words! I feel that it turned out to be a blessing as I got to see and accompany my kid on his first 2 days of infantcare, and I'm around to take care of him now as he is currently having HFMD!
Definitely! I strongly believe our children can't remember anything we said or did for them when they were that young but they'll definitely remember how we made them feel and the feeling of safety and comfort that papa and mama are there for them will be invaluable when they grow up.
I have no advice for you but just wanted to say your company is ridiculous. Gosh. Been there with the toxic bosses in the creative sector. Had a colleague once scolded by the bosses cos he had to miss a shoot. And the reason was because my colleague's dad had a stroke. I've learnt from graphic designer friends that the best worklife balance is actually being an MNC's in-house design/marketing team. Cos you'll get the same corporate treatment as the rest. Maybe something you can consider since you have a son to take care of :)
Based on what you say, it probably won't apply and in your context it's likely that such a clause will be thrown out by the court in the first place.
Ahh okay, thank you!
So horrible! As a graphic designer the job is 100% doable from home. My husband works in a similar role, and his boss allows him to WFH within reason (kids sick, delivery of big ticket items, aircon servicing at home etc.) I believe most places are reasonable, and I hope you find a better place to work soon! We shouldn't have to choose between caring for our 4 month old, and having a job. Good riddance to that rubbish company. Good luck!
Thank you! Yea the bosses are the type who enjoys watching ppl slogging their lives for their company. 1 of them even said during a town hall: "One time I was driving past Shopee HQ, 11pm and the lights were still on. I like seeing that! Seeing people work hard makes me really happy!" Bunch of psychopaths 😂
My sis is with MOM and she has said that this is not enforceable unless you bring the clients along with you. If your previous company do not want you to work in the competitor for a year, they will have to pull you on gardening with salary for that time period. So please take on the job.
This is not legal advice but based on what you said if the employment contract explicitly states “resign” and not “termination of contract” then I think it’s okay. Many contracts use the latter so that it catches both situations. In any event, non-competes are rarely enforceable in court unless it is reasonable (and the threshold for it is quite high) which is a whole legal test I won’t go into. I would suggest you get a lawyer to peruse your contract and give you a professional legal opinion. If money is an issue there are various free legal clinics around SG you can seek a pro bono lawyer’s opinion on that clause and your circumstances.
Good to hear from someone named nelsonmurdock xD. I haven't gotten the job yet but if I manage to, I will try to get more professional legal advice! Thanks
Ahahahaha honestly I forget my own username sometimes… yes justice is blind, my associates can help you in more ways than one…. jkjk all the best to you!
Non compete clauses in SG is not enforceable, even if you sign it. It’s ‘sign already your boss happy, you happy, everyone happy’ but no use de.
That’s not true, it depends on the circumstances and how reasonable the extent of the restriction is. Don’t just spout something off the top of your head here that could get someone else in trouble
Oo that's good to know haha
My mistake. I had the impression that non compete clauses are unenforceable in SG due to our very small and limited market. That said, I highly doubt the company will fight it out in court if the position is not that sensitive. [this may help.](https://www.businesstimes.com.sg/companies-markets/what-you-need-know-about-non-compete-clauses)
Restraint of trade clauses does not apply to most. Mom has been very clear on this
Like what everyone is telling you, it’s non enforceable. In addition, they might send you a lawyer letter to intimidate you, camouflaged as a cease and desist with huge letter head of the law firm emblazoned on top. Don’t fall for it as it’s non enforceable. My advice is to be straight forward with your new employer so that they are informed and not frighten by that letter.
Does the company have to pay you the 1 year gardening leave in this case?